Vishal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3761 of 2018 Arising Out of PS. Case No.-170 Year-2017 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== Vishal Kumar S/o Kapil Das under the guardianship of his namely, Kapil Das, Resident of Village- Tarauna Gopalpur, P.S.- Mushahari, Dist- Muzaffarpur. ... ... Appellant/s
Versus
The State Of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Ritesh Kumar Narain Singh, Adv For the Respondent/s :
Mr. Binod Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 27-02-2019 Heard learned counsel for the appellant as well as learned APP.
At an earlier occasion under Cr. Appeal (SJ) No. 104/2018 (Annexure-1) while rejecting the prayer for bail of both the appellants vide order dated 05.03.2018, a direction was given to the learned lower court in following manner:- "However, it is made clear that after examination of the informant, the learned lower court will allow both the appellants, namely, Md. Dildar and Vishal Kumar to be released on bail to its own satisfaction".
The grievance of the appellants happens to be that informant has not yet been examined and so both the appellants be allowed on bail in the background of period of custody. Considering the submissions as well as observation,
Patna High Court CR. APP (SJ) No.3761 of 2018(4) dt.27-02-2019 2/2 the prayer for bail of the appellants is refused. Consequent thereupon, instant appeal is rejected.
However, learned lower court is directed to see that there should not be undue detention nor the trial should be a mockery. That being so, the learned lower court will take proper initiative and will try to dispose of the trial within a year positively, failing which, the learned lower court will have to furnish an explanation over non compliance of the direction of the Bench.
Office to communicate accordingly.
(Aditya Kumar Trivedi, J) perwez U T